habeas corpus

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Full Definition of HABEAS CORPUS
1: any of several common-law writs issued to bring a party before a court or judge;
especially : habeas corpus ad subjiciendum A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the Ecclesiastical Courts of the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by other courts in England and the European Continent.
2: the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment
See habeas corpus defined for English-language learners »
: an order to bring a jailed person before a judge or court to find out if that person should really be in jail
apply for a writ of habeas corpus
See habeas corpus defined for kids »
ha·be·as cor·pus
Pronunciation: secondarystresshamacr-bemacron-schwa-primarystressskodotr-pschwas
Function: noun
Etymology: derived from the Latin phrase, meaning literally “you should have the body,” used as the opening words of a legal order to jailers to bring the prisoner to court
1 : a legal order for an inquiry to determine whether a person has been lawfully imprisoned
2 : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment
In common law, any of several writs issued to bring a party before a court. The most important such writ (habeas corpus ad subjiciendum) is used to correct violations of personal liberty by directing judicial inquiry into the legality of a detention. Common grounds for relief include a conviction based on illegally obtained evidence, a denial of effective assistance of counsel, or a conviction by a jury that was improperly selected or impaneled. The writ may be used in civil matters to challenge a person’s custody of a child or the institutionalization of a person declared incompetent.
habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the body of the person before the court for some specified purpose. Although there have been and are many varieties of the writ, the most important is that used to correct violations of personal liberty by directing judicial inquiry into the legality of a detention. The habeas corpus remedy is recognized in the countries of the Anglo-American legal system but is generally not found in civil-law countries, although some of the latter have adopted comparable procedures.
habeas corpus
Henry VII [Credit: Courtesy of the National Portrait Gallery, London]The origins of the writ cannot be stated with certainty. Before the Magna Carta (1215) a variety of writs performed some of the functions of habeas corpus. During the Middle Ages habeas corpus was employed to bring cases from inferior tribunals into the king’s courts. The modern history of the writ as a device for the protection of personal liberty against official authority may be said to date from the reign of Henry VII (1485–1509), when efforts were made to employ it on behalf of persons imprisoned by the Privy Council. By the reign of Charles I, in the 17th century, the … (200 of 741 words)
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According to security sources the consulate had been given a “health check” in preparation for any violence connected to the 9/11 anniversary. In the event, the perimeter was breached within 15 minutes of an angry crowd starting to attack it at around 10pm on Tuesday night. There was, according to witnesses, little defence put up by the 30 or more local guards meant to protect the staff. Ali Fetori, a 59-year-old accountant who lives near by, said: “The security people just all ran away and the people in charge were the young men with guns and bombs.”
Wissam Buhmeid, the commander of the Tripoli government-sanctioned Libya’s Shield Brigade, effectively a police force for Benghazi, maintained that it was anger over the Mohamed video which made the guards abandon their post. “There were definitely people from the security forces who let the attack happen because they were themselves offended by the film; they would absolutely put their loyalty to the Prophet over the consulate. The deaths are all nothing compared to insulting the Prophet.”

The question, “When is it OK to kill?”

The question, “When is it OK to kill?”, makes me linger. I bookmark, stay on this piece longer than necessary because of a reluctance to answer the question. The question both provocative and thought provoking,I hesitate. I contemplate knowing that to leave it unanswered, I can always come back to it. And so I do.
If one repeats his conclusions to some premise long enough, I know, by experience, the child will believe it. Unfortunately many adults are stuck; stuck in that child, still lingering their; voicing a conclusion, giving it to you in a neat little package, as though their belief in their postulation, makes it real to you,as well; expected that you buy their argument, even if Anecdotal.
Now, to take one’s time, think deeply and at length. I become the judge and the jury. When is it OK to kill some one else’s child. When is it acceptable to feel compensated, that is, by the killing of another’s child.
There are four types, of evidence:
Statistical Evidence Every time you use numbers to support a main point, you’re relying on statistical evidence to carry your argument.
Testimonial Evidence used to prove a point,confirm that you are credible, as to your viewpoint, by eyewitness. one having experience as to point you believe to be true. The testimony supports your point.
Anecdotal Evidence is evidence that is based on a person’s observations of the world. It can actually be very useful for disproving generalizations because all you need is one example that contradicts a claim; must be used in conjunction with statistical data. Like, more blacks are on welfare than work, is anecdotal, unproved.
Analogical Evidence is looking at similarities between one item to another should be strong enough to give credibility to your research. This evidence type can be used to persuade, is a comparison of certain similarities between things which are otherwise unlike. Here the argument can begin When you try to link two things that aren’t similar enough to be linked, you’ve done more than just abuse the power of an analogy; you’ve committed a logical fallacy[/i>. This fallacy is called a “weak analogy.” False Analogy
exp, You can either like or dislike Obama, but compare him to a man who organized the deaths of millions of people as he “purged” his country of dissenters? Wow. ][blockquote>
The question then, “When is it OK to kill?”
Casualties of the Iraq War
Opinion Research Business survey show’s 1,033,000 deaths as a result of the conflict between March 2003 to August 2007
Benghazi Overall deaths
In the end, according to the numbers presented, a total of 14,572 to 18,873 deaths have been reported, of which some have not been independently confirmed.
35,000 people in 4 1/2 years in drug War. Some 60,000 people have died in Mexico. 418,000 Americans died fighting in WW2.
Homeless addicts, crack babies, drive-by-shootings, gangs, burglaries, robberies, muggings, black-on-black youth violence. Where did this scourge come from?Reagan Administration admits delivering the product Crack cocaine to Los Angles subsequently announced a new War on Drugs, the 1986 bombing of Libya, amid the revelation of the Iran–Contra affair.
In order for an argument to be sound all of its premises must be true. Often, different people come to different conclusions because they are starting with different premises. So examining all the premises of each argument is a good place to start.
fallacies
Ad hominem
An ad hominem argument is any that attempts to counter another’s claims or conclusions by attacking the person, (i.e. “John is a jerk.” is not a fallacy. “John is wrong because he is a jerk.” is a logical fallacy.)
Ad ignorantiam
The argument from ignorance basically states that a specific belief is true because we don’t know that it isn’t true.
Argument from authority
The basic structure of such arguments is as follows: Professor X believes A, Professor X speaks from authority, therefore A is true. Often this argument is implied by emphasizing the many years of experience, or the formal degrees held by the individual making a specific claim.
Argument from final Consequences
Such arguments (also called teleological) are based on a reversal of cause and effect, because they argue that something is caused by the ultimate effect that it has, or purpose that is serves.
Those sentenced to death have often, like Lockett, been convicted of heinous, nearly unspeakable crimes. But is state-sponsored eye-for-an-eye justice truly a mark of a civilized society? How do we not, as a culture, descend to the same depravity of the person who takes a life — or multiple lives — when, as citizens of a state or country, we, in turn, take the murderer’s life? Do our haphazard attempts to rid the world of evil imbue us with it?
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Botched Executions- Research14 FEBRUARY 2010 action=click&contentCollection=Opinion®ion=Footer&module=MoreInSection&pgtype=Blogs|
This writer finds that No evidence was introduced at the trial to prove that Clayton Locket was at the scene. His attorney offered no defines at trial. Those who said what happened claimed they were allowed to leave. They revealed provocative evidence that they claim happened out of their sight; and know many details not to have participated. In conclusion
Obama says he found inmate Clayton Lockett’s execution Tuesday “deeply troubling.”
After Oklahoma’s botched execution, “I’m asking Eric Holder to review the death penalty”
“Racial bias. Uneven application of the death penalty. Situations in which there were individuals on death row who later on were discovered to have been innocent because of exculpatory evidence – all these I think do raise significant questions about how the death penalty is being applied,” he said.
Constitutionality of Death Penalty Exasperates the objectification inherent in reducing the black man to his cock In his last words, Botched Executions- Research 14 FEBRUARY 2010 Demps said,
Like a trophy, Clayton Lockett’s body including his exploded groin is on it’s way to Texas, Now proudly owned by rick Perry whose bible states that :
Romans Chapter 12
17 Recompense to no man evil for evil. Provide things honest in the sight of all men.
18 If it be possible, as much as lieth in you, live peaceably with all men.
19 Dearly beloved, avenge not yourselves, but give place unto wrath: for it is written, Vengeance mine; I will repay, saith the Lord.
20 Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head.
21 Be not overcome of evil, but overcome evil with good.
Deuteronomy 5:17 – Thou shalt not kill.
Galatians 5:14 – For all the law is fulfilled in one word, in this; Thou shalt love thy neighbour as thyself.

http://deathpen.wordpress.com/2010/02/14/botched-executions-research/

Botched Executions-

Constitutionality of Death Penalty Exasperates the objectification inherent in reducing the black man to his cock In his last words:

Demps said,
“They butchered me back there. I was in a lot of pain. They cut me in the groin, they cut me in the leg. I was bleeding profusely. This is not an execution, it is murder.”
Mr. Demps, accused of holding down an inmate while another man stabbed him, said that he was not guilty and that the state had framed him because he had been spared the death penalty in the earlier case.

Blood spurted from Allen Lee Davis, a three-time murderer, when he was electrocuted in July. And inmates caught fire in the electric chair as they were put to death in 1990 and 1997.

Obama: After Oklahoma’s botched execution, I’m asking Eric Holder to review the death penalty
“Racial bias. Uneven application of the death penalty. Situations in which there were individuals on death row who later on were discovered to have been innocent because of exculpatory evidence – all these I think do raise significant questions about how the death penalty is being applied,” he said.

Constitutionality of Death Penalty Questioned in Oklahoma

No evidence was introduced at the trial to prove that Clayton Locket was at the scene. His attorney offered no defines at trial. Those who said what happened claimed they were allowed to leave. They revealed evidence that they claim happened out of their sight. and know many details not to have participated. It is appropriate that Obama: After Oklahoma’s botched execution, “I’m asking Eric Holder to review the death penalty”
“Racial bias. Uneven application of the death penalty. Situations in which there were individuals on death row who later on were discovered to have been innocent because of exculpatory evidence – all these I think do raise significant questions about how the death penalty is being applied,” he said.
Constitutionality of Death Penalty Exasperates the objectification inherent in reducing the black man to his cock In his last words, Botched Executions- Research 14 FEBRUARY 2010 Demps said,
2 April 2014 by JacksonWhite Law | Category: Death Penalty
The state of Oklahoma has been executing inmates since 1915. In total, 193 people on death row have been put to death, including three women, one 1936 hanging, 82 electrocutions, and 110 lethal injections.
The electric chair was retired by the state after the 1966 execution of James French, and Oklahoma has since reverted mostly to lethal injections. However, a shortage of certain drugs has caused recent controversy.

Court documents reveal, “Mr. Clayton Lockett’s trial counsel did not present a defense. In his opening statement, counsel told the jury that Mr. Lockett had no defense. He referred to the prosecutor’s statement that the jury would have ‘no doubt, not just beyond a reasonable doubt, but no doubt’ of Mr. Lockett’s guilt and conceded that the prosecutor was right.”
Lethal Injection
Most often, lethal injection cases are considered botched when the execution takes much longer than expected. Some executions have lasted upwards of two hours, fifteen times as long as the average of eight minutes. Another reason that a lethal injection execution may be considered botched, is if the prisoner displays signs of pain. In these cases, the prisoner’s Eighth Amendment rights may be in violation. Factors that most commonly lead to faulty executions are incorrect IV placement and not injecting enough of the anaesthetic.
Angel Diaz’s execution on December 13th, 2006 is an example of a lethal injection execution going terribly wrong. When putting in the IV, the executioner actually passed through the entire vein and went into the soft tissue of Diaz’s arm. For this reason, the chemicals of the first injection did not reach the bloodstream correctly so Diaz did not lose consciousness in the typical three to four minutes. Twenty-four minutes after the first injection, Diaz showed signs of movement- blinking, grimacing, blowing, and mouthing words. With these signs, Diaz was given a second dose and
The most recent case in which lethal injection went wrong was on September 15, 2009 during the execution of Romell Broom in Ohio. During the process, the executioner stuck Broom eighteen times with needles in attempt to find a suitable vein in both his arms and legs to put the IV in. After two hours, the execution team stopped trying, making Broom’s execution the first failed lethal injection execution in world history.
http://www.nytimes.com/2009/10/03/opinion/03sat2.html
http://en.wikipedia.org/wiki/Participation_of_medical_professionals_in_American_executions#Botched_executions.3F
In his last words, Demps said,
“They butchered me back there. I was in a lot of pain. They cut me in the groin, they cut me in the leg. I was bleeding profusely. This is not an execution, it is murder.”Bennie Eddie Demps |Date of birth: June 17, 1950 Location: Lake County, Florida, USA
Status: Executed by lethal injection in Florida on June 7, 2000
Bennie Bennie Eddie Demps |Date of birth: June 17, 1950 Georgia Arrest DeKalb County
Prosecutors and prison officials say that while he was being taken to the hospital, Sturgis told two guards in a “dying declaration” that fellow inmates Demps, Jackson and Mungin attacked him. Authorities believe that Demps and Mungin held Sturgis while Jackson repeatedly plunged a homemade prison knife into his chest.
He claims he is the victim of a prison frame-up and an unscrupulous prosecutor who withheld evidence. Demps also said a report from the Department of Corrections named another man as the inmate’s only killer. Prosecutors are scoffing at his claims, noting that the courts have rejected all of his appeals and that all evidence points to him as one of the killers.